Penalty Charges
Penalty Charge Levels – Background
Under Section 74 of the Road Traffic Act 1991, as amended by the Orders designating the permitted and special parking areas in the local authority area, it is the duty of the local authority operating DPE to have regard to any guidance issued by the Scottish Ministers in respect of the levels of parking charges.
The current guidance dates to April 2001. The amounts payable by a motorist issued with a PCN by a local authority and – for general context – in respect of parking related Fixed Penalty Notices (FPNs) issued by Police Scotland, are as follows.
PCNs (DPE) can be set at an initial amount of up to £100 (this was increased from £60 as of 1 April 2023.. Those amounts are discounted by 50% if paid within 14 days or increased by 50% if certain follow-up enforcement action is required. FPNs (not DPE) are in an initial amount of £30, rising to £45 if certain follow-up enforcement action is required.
Number of PCNs issued by local authorities
Table 2 below indicates the number of PCNs that have been issued by local authorities with DPE powers over the last three financial years. The information is collated from information provided by the local authorities in question. Further information on these figures can be obtained from the relevant local authority.
| Local Authority | 2020/21 | 2021/22 | 2022/23 |
|---|---|---|---|
| Aberdeen City | 35,295 | 25,721 | 27,325 |
| Angus | 2,404 | 3,988 | 3,913 |
| Argyll & Bute | 4,401 | 5,659 | 6,842 |
| City of Edinburgh | 98,721 | 156,047 | 167,474 |
| Dundee City | 18,680 | 21,634 | 29,193 |
| East Ayrshire | 2,550 | 6,801 | 6,620 |
| East Dunbartonshire | 4,900 | 10,890 | 7,852 |
| East Lothian | 10,154 | 12,107 | 11,858 |
| East Renfrewshire | 77 | 721 | 2,038 |
| Falkirk | 2,741 | 6,315 | 6,571 |
| Fife | 7,294 | 13,011 | 19,691 |
| Glasgow City | 65,686 | 109,297 | 145,081 |
| Highland | 8,070 | 12,812 | 14,728 |
| Inverclyde | 1,017 | 4,327 | 4,357 |
| Midlothian | 4,696 | 6,827 | 7,249 |
| North Lanarkshire | 2,707 | 9,003 | 12,948 |
| Perth & Kinross | 5,872 | 18,955 | 20,347 |
| Renfrewshire | 2,470 | 4,070 | 5,321 |
| South Ayrshire | 3,025 | 7,951 | 9,367 |
| South Lanarkshire | 5,065 | 13,341 | 20,023 |
| Stirling | 4,551 | 11,029 | 11,853 |
Number of Bus Lane Enforcement Charges issued by local authorities
Table 3 below indicates the number of Bus Lane Enforcement Charges that have been issued by local authorities with DPE and Bus Lane Enforcement powers in the last three financial years. The information is collated from information provided by the local authorities in question. Further information on these figures can be obtained from the relevant local authority.
| Local Authority | 2020/21 | 2021/22 | 2022/23 |
|---|---|---|---|
| Aberdeen City | 18,679 | 83,482 | 56,109 |
| City of Edinburgh | 36,492 | 58,448 | 70,793 |
| Glasgow City | 46,703 | 95,068 | 86,904 |
Financing of DPE
Ministers’ guidance to local authorities seeking to acquire DPE powers is that the system should insofar as possible be self-financing. Section 55 of the Road Traffic Regulation Act 1984 provides that any deficit accrued by a local authority as a result of the authority’s operation of DPE must be made good out of the local authority’s general fund. Section 55 also requires that any surplus may only be used to make good any amount charged to the general fund over the preceding 4 years or for certain transport-related purposes including; the provision and maintenance of off-street parking or, where the local authority consider that further provision of off-street parking is not necessary or desirable, the provision or operation of (or facilities for) public passenger transport services; or for road improvement projects in the local authority area.
Under Section 55 of the 1984 Act, as amended, a local authority operating a DPE regime is required to keep an account of their income and expenditure in respect of designated parking places and additional parking charges, in the permitted and special parking areas.
The following table provides the income and expenditure figures for each of the 21 local authorities who have been operating DPE regimes in their areas from 2022 to 2023.
| Local authority | PCN income (£) | Pay & display/other income (£) | Total income (£) | Expenditure (£) | Annual balance (£) |
|---|---|---|---|---|---|
| Aberdeen City | 1,073,347 | 6,322,265 | 7,395,611 | 463,986 | 7,097,340 |
| Angus | 107,280 | 0 | 107,280 | 345,971 | -238,691 |
| Argyll & Bute | 174,849 | 773,170 | 948,019 | 551,554 | 396,465 |
| City of Edinburgh | 5,012,086 | 27,873,603 | 32,885,689 | 8,777,311 | 24,108,377 |
| Dundee City | 934,871 | 729,870 | 1,664,742 | 1,166,836 | 497,905 |
| East Ayrshire | 200,479 | 810,870 | 1,011,349 | 978,865 | 32,484 |
| East Dunbartonshire | 272,570 | 380,417 | 652,987 | 410,568 | 242,419 |
| East Lothian | 383,000 | 508,904 | 799,747 | 606,471 | 193,276 |
| East Renfrewshire | 66,915 | 0 | 66,915 | 220,842 | -153,927 |
| Falkirk | 148,923 | 496,273 | 645,196 | 375,076 | 270,120 |
| Fife | 551,257 | 2,636,299 | 3,187,556 | 2,240,398 | -947,158 |
| Glasgow City | 4,881,165 | 27,186,291 | 32,067,456 | 16,809,976 | 15,257,479 |
| Highland | 362,466 | 868,556 | 1,231,022 | 1,189,462 | 41,561 |
| Inverclyde | 229,380 | 34,550 | 263,930 | 396,775 | 132,845 |
| Midlothian | 177,987 | 52,795 | 230,782 | 310,495 | -79,713 |
| North Lanarkshire | 394,653 | 0 | 394,653 | 345,233 | 49,419 |
| Perth & Kinross | 880,986 | 2,945,982 | 3,826,968 | 3,415,155 | 411,813 |
| Renfrewshire | 134,213 | 421,357 | 555,570 | 763,110 | -207,540 |
| South Ayrshire | 217,178 | 775,068 | 992,246 | 639,434 | 352,812 |
| South Lanarkshire | 624,731 | 1,242,389 | 1,867,120 | 1,630,099 | 237,021 |
| Stirling | 312,978 | 712,175 | 1,025,153 | 1,255,054 | -229,901 |
The information provided in Table 4 has been provided by the local authorities concerned. Figures have been provided for pay & display income, vehicle impound income and permit income, to inform our understanding of the overall position.
The precise uses to which any DPE surpluses have been put are a matter for the relevant local authority. For the purposes of this report to committee, the Scottish Government has been advised by local authorities of the following:
Aberdeen City Council stated that their surplus from the parking account was used to support Roads Maintenance activities in year. The Bus Lane Enforcement surplus is reported to committee annually along with a proposed programme of projects for the following year.
Angus Council declared that their surplus was used on staffing costs.
Argyll and Bute Council reported that their surplus was used to maintain the off-street car parks (surface, signs and lines) and, over the last number of years, to upgrade parking terminal stock for both off and on street parking.
Dundee City Council advised that their surplus was used on transport spend including car park maintenance, transport infrastructure and road improvements.
East Dunbartonshire Council declared that their surplus was invested in delivering the strategic priorities, service delivery and organisation planning. This includes provision of safe and stronger communities and planning for growth. This also includes road improvements, parking provision to support the local economy and economic development.
East Lothian Council reported that their surplus was used to fund Coastal Car Park Infrastructure improvements.
Falkirk Council advised that their surplus was used for road improvements.
Fife Council confirmed that their surplus was used to meet the cost of the provision and maintenance of off-street parking accommodation. Any remaining funds would be used for the provision of:
- Road improvements
- Public Transport Services
Glasgow City Council stated that their surplus income was used to assist in the strategic transport management objectives including the expansion of new parking zones and other transport related matters.
Perth and Kinross Council advised that their surplus income was used for investment and maintenance for car parks.
South Lanarkshire Council reported that their surplus income was used for services and Road Improvements
Further details on how each local authority has spent any surplus generated from DPE in a particular year can be obtained from the local authority concerned.